Miss Lucy
← All judgments

Mr Samant Sekhri Suspended Director Of ... vs Hbd Financial Services Ltd & Anr

National Company Law Appellate Tribunal21 July 2020

Ratio decidendi

The rule this decision rests on

An appeal lies only against an order that aggrieves the appellant; an appeal directed against a non-appealable or non-prejudicial order (here, a mere reservation of orders) is not maintainable, and where the appellant instead challenges an order that is not assailed at all while leaving the operative order of admission unchallenged, the appeal is frivolous and may be dismissed with costs as an abuse of process.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICompany Appeal (AT) (Insolvency) No. 578 of 2020IN THE MATTER OF:

Mr. Samant Sekhri [Suspended Director of Corporate Debtor M/s Hint Publication Pvt. Ltd.] ...Appellant

Versus

HBD Financial Services Ltd. & Anr. ...Respondents

Present: For Appellant: Mr. Vipin Garg, Advocate. For Respondents: Mr. Gautam Singhal, R-2 in person. Mr. Vikas Anand, Advocate.

ORDER

(Through Virtual Mode)

21.07.2020: Heard learned counsel for the Appellant. Mr. Gautam

Singhal, Respondent No. 2 is also present in person.

2. This appeal is directed against order dated 26th February, 2020 passed by

the Adjudicating Authority (National Company Law Tribunal), Allahabad Bench

in CP No. (IB) 515/ ALD/2019 by virtue whereof, after hearing both counsels at

length, order was reserved. On the face of it the appeal is not maintainable as

in terms of the same only order has been reserved and neither party can claim

prejudice or being aggrieved thereof. But the matter des not rest there what

follows is that on 27th February, 2020, the Adjudicating Authority has

pronounced the order admitting the application under Section 7 of the I&B Code

with consequential order of slapping of moratorium on assets of Corporate -2-

Debtor and appointment of the Interim Resolution Professional. Order dated

27th February, 2020 admitting the application commencing the Corporate

Insolvency Resolution Process has not been assailed. It is intriguing that instead

of assailing the order of admission, the Appellant has preferred this appeal

against order dated 26th February, 2020 of which the Appellant could by no

stretch of imagination be aggrieved of. In this circumstance, we are of the

considered opinion that the instant appeal is frivolous and has been filed with a

design to mislead this Appellate Tribunal.

3. The appeal is dismissed as being frivolous and a cost of Rs.1 Lakh (Rupees

One Lakh Only) is imposed on the Appellant.

[Justice Bansi Lal Bhat] Acting Chairperson

[Dr. Ashok Kumar Mishra] Member (Technical) am/gc

Company Appeal (AT) (Insolvency) No. 578 of 2020

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free